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Category: Lawsuits

Types of Negligence in Florida Personal Injury Cases

On Behalf of Fiol Law Group|Posted in Lawsuits on November 17, 2020

The legal doctrine of negligence is the center point of most personal injury cases. It is generally necessary to prove negligence to obtain financial compensation for an injury. Proving negligence will establish liability for an injury and related losses, such as lost wages and medical bills. A personal injury case can involve a few different types of negligence under Florida law. Standard Negligence The most common type of negligence is standard negligence. Standard or general negligence refers to a breach of the duty of care. Most circumstances place a duty of care with one or more parties. Driving a motor vehicle, for example, places a duty of care on the driver to reasonably prevent accidents. If someone carelessly breaches his or her duties of care, this is negligence. A breach of duty can describe any action or omission that a reasonable and prudent party would not make in the same… read more

How to Get the Best Outcome for Your Personal Injury Case

On Behalf of Fiol Law Group|Posted in Lawsuits on October 26, 2020

A successful personal injury case in Florida could pay you for your past and future losses after a harmful accident. How you handle your personal injury case, however, can affect its outcome and the results you obtain. Improve your chances of success with a few simple tips. Avoid Common Mistakes Filing parties (plaintiffs) make many common mistakes during personal injury cases in Florida. These mistakes can have repercussions that range from diminished financial awards to denied benefits or losing the right to file at all. One of the best things you can do for your personal injury case is to avoid common errors. Stay off social media. Do not give an insurance company a recorded statement. Do not settle your claim too quickly. Do not forget future damages when describing your losses. Do not admit fault for the accident. Do not fail to call the police for a serious accident…. read more

What is Florida’s Comparative Negligence Statute?

On Behalf of Fiol Law Group|Posted in Lawsuits on August 17, 2020

Liability is a tricky matter during even a simple and straightforward personal injury case. When a case involves two or more parties that were negligent or the injured victim’s negligence, it can be even more difficult to resolve. Divided liability among multiple parties is such a debated subject that each of the 50 states has chosen its own way to handle these types of claims. The Florida legislature has adopted a pure comparative negligence system to apportion fault and award plaintiffs. If you have injuries from an accident in Tampa you might have contributed to, you may need a personal injury lawyer to help you navigate Florida’s comparative negligence statute. A defendant may try to use this doctrine against you to reduce or eliminate your recovery award. The right attorney could prepare you for this defense and optimize your ability to recover financial compensation. Is Florida a Comparative Fault State?… read more

Should You Hire an Attorney for a Slip & Fall Accident?

On Behalf of Fiol Law Group|Posted in Lawsuits on July 20, 2020

Slip, trip, and fall accidents send thousands of victims to hospitals in Florida each year. Dangerous premises can contain defects such as wet or waxed floors that cause slips and falls accident. In these situations, the owner of the dangerous premises may be liable for failing to prevent the accident. If you recently slipped and fell as a result of a property owner’s negligence, you should consult a slip and fall accident attorney to go over your legal options. An attorney may be able to get you a bigger settlement than what the at-fault party offers without a lawyer present. How Does a Slip & Fall Accident Case Work? A slip and fall case works on the legal doctrine of premises liability. Premises liability states that it is a property owner’s legal responsibility to maintain the safety of premises. If an owner negligently fails to do so and a visitor… read more

Understanding Florida’s Serious Injury Threshold

On Behalf of Fiol Law Group|Posted in Lawsuits on June 24, 2020

During a personal injury claim in Florida, you might hear the phrase, “serious injury threshold.” This is an important element that could determine your rights in terms of seeking compensation as the victim of an accident. Under Florida’s no-fault car insurance laws, victims may only be able to hold at-fault parties accountable if their injuries meet the serious injury threshold. Otherwise, they may have no choice but to seek compensation through first-party insurance claims. What Is a Serious Injury? A serious injury is one that significantly impacts the victim’s life. It is an injury that could affect a victim for months, years or life. A nonserious injury, on the other hand, is one that will heal quickly and completely without a great deal of pain, suffering and medical expenses. In Florida, Statute 627.737 gives a specific definition for serious injuries in terms of tort liability. This statute gives the state’s… read more

5 Reasons a Personal Injury Attorney Won’t Take Your Case

On Behalf of Fiol Law Group|Posted in Lawsuits on May 27, 2020

Finding the right personal injury attorney can give you hope for the future. It can inspire greater confidence during a difficult time in your life. If the lawyer you prefer decides not to take your case, however, you could find yourself back to square one. Luckily, there are steps you can take to improve the odds of a Tampa Bay personal injury lawyer accepting your case – starting with understanding common reasons for case rejections. Caseload Capacity Many law firms are careful with how many clients they accept at a time. Rather than operating a mill-type law firm that places profits over personal client attention, smaller and boutique-style firms are often selective in their clients to keep caseloads manageable. If you try to retain a lawyer from one of these firms at a busy time, he or she may have no choice but to deny your case for the time… read more

What Is the Average Car Accident Settlement In Florida?

On Behalf of Fiol Law Group|Posted in Car Accidents,Lawsuits on March 12, 2020

Car accidents are common in Florida. They cause hundreds of thousands of serious injuries and hospitalizations each year. In 2018, 255,353 victims were injured and 3,135 died in Florida car accidents. If you get into an auto accident in Florida, you have rights. You may be able to obtain compensation from an insurance company and/or personal injury lawsuit. An important part of your car accident claim will be fighting for a fair amount of compensation. If you do not know what your case is worth, you will have trouble negotiating for a just and full amount. Each case is unique. No average car accident settlement amount exists due to the variable nature of the civil justice system but learning about the factors involved and damages available, however, can give you realistic expectations and enable you to argue for a fair settlement. Factors Affecting Car Accident Settlements in Florida Regardless of… read more

What Is the Average Personal Injury Settlement In Florida?

On Behalf of Fiol Law Group|Posted in Lawsuits on February 10, 2020

A personal injury accident can mean many losses for you as a survivor. A serious accident could inflict significant pain, suffering, medical bills and lost wages. A successful claim could force the at-fault party to pay for your economic and noneconomic damages. The average personal injury settlement in Florida ranges between $3,000 and $75,000. This is a broad range, however, and it is important to remember that every personal injury claim is unique. Some claimants have received millions of dollars from insurance settlements and jury verdicts, for example, to make up for catastrophic injuries and permanent losses. While reading about averages could give you an idea of the scope of most settlements, a consultation with an experienced Tampa personal injury lawyer is the only way to accurately assess the value of your particular claim. Factors Affecting Personal Injury Settlements in Florida Before you can get an idea of what a defendant… read more

Who Is Responsible for Injuries Caused By Nature?

On Behalf of Fiol Law Group|Posted in Lawsuits on July 20, 2019

Human error is the main cause of serious accidents, injuries and deaths in Florida each year. Yet, as thousands have experienced, Mother Nature can also cause significant damage. When a natural event or disaster causes personal injuries, it can be more difficult to obtain financial recovery for damages. A few legal options may be available to you, however, depending on the situation. Seek Benefits From an Insurance Provider The best way to ensure coverage for injuries caused by nature is by purchasing adequate insurance in Florida. Comprehensive vehicle and homeowner’s insurance can cover damages that stem from acts of God. Acts of God refer to events that no person could reasonably have predicted or prevented. Comprehensive insurance plans may cover the costs of property repairs and medical bills for injuries after many different events. Hurricanes Tornadoes Tropical storms Floods Severe rain or wind Lightning Hail Fires Sinkholes You will not… read more

Can You Be Sued for Performing CPR?

On Behalf of Fiol Law Group|Posted in Lawsuits,Safety on May 28, 2019

It might seem like common sense to help others in need. For some individuals it sounds irresponsible to succumb to the bystander effect, or to leave another person who is in need to respect their privacy. However, not all individuals think this way – including those that need saving. In some cases, being a good Samaritan could lead to legal action, initiated by the individual that was saved. The American Heart Association (AHA) encourages individuals who are not medical professionals to learn cardiopulmonary resuscitation (CPR). Their intent is to prevent unnecessary deaths caused by cardiac arrest that takes place outside of the medical setting. Brain death begins to take effect between and four and six minutes after a heart attack – this makes reaction time crucial in administering CPR. Pushing through the bystander effect, the AHA hopes to save lives by equipping civilians with tools and knowledge.  What Is The… read more